1         

Promulgation of sentencing guidelines. Changes the current allowable presumptive sentencing range under the sentencing guidelines that allows a range from 15% below to 15% above the presumptive, fixed sentence in each grid. Replaces it with a provision requiring the guidelines to reflect a new presumptive sentencing range from 15% below the presumptive, fixed sentence to 100% above the presumptive, fixed sentence. This change allows judges greater discretion in sentencing as they will be able to impose up to double the current fixed, presumptive sentence. This change means there will likely be fewer cases in which prosecutors will need to prove specific factors to a jury in order to obtain a longer sentence.

2         

Deviation from guidelines. Proscribes a court from imposing a sentence duration in excess of that provided by the guidelines unless the finder of fact has found that aggravating factors exist. Requires a court to impose a sentence in excess of the presumptive range if aggravating factors are found.

3         

Aggravated departures. Requires the state to provide reasonable notice to the defendant and the court if the state intends to rely on factors other than those specified in the sentencing guidelines in seeking an aggravated departure.

4         

Procedures in cases where the state intends to seek an aggravated durational departure. Mandates a sentencing hearing upon timely notice by the state that it will seek a durational departure from the sentencing guidelines. Requires a unitary trial if the evidence in support of an aggravated departure would be admissible in a trial in support of the elements of the offense or would not result in unfair prejudice to the defendant, and provides for a bifurcated trial otherwise. Allows the prosecutor to request a bifurcated trial. States that the existence of an aggravating factor must be determined by special verdict.

5         

Defendants to present evidence and argument. Allows the defendant to present rebuttal evidence regarding whether facts exist that would justify an aggravated departure. A defendant is not allowed to present evidence or argument to the jury or fact finder regarding facts in support of a mitigated departure during the trial, but may present evidence and argument in support of a mitigated departure to the judge as fact finder during a sentencing hearing.

6         

Waiver of jury determination. Permits a defendant to waive the right to a jury determination of aggravating factors. Upon waiver, the court shall determine beyond a reasonable doubt whether factors exist that support the state's motion for an aggravated departure.

7         

Notice of information regarding predatory offenders. Restates verbatim the existing law formerly in subdivision 2a of section 244.10, which is repealed by this bill. This change puts the new language related to upward dispositional departures together in sequence in the statute.

8         

Computation of criminal history score. Restates verbatim the existing law formerly in subdivision 3 of section 244.10, which is repealed by this bill. This change puts the new language related to upward dispositional departures together in sequence in the statute.

9         

Mandatory increased sentence. Replaces language in current law requiring the court to impose a sentence that is a not less than double the presumptive sentence to provide that the sentence shall not be less than the high end of the new presumptive sentencing range (see section 1). This sentence applies to commission of a "predatory crime" motivated by an offender's sexual impulses or part of a predatory pattern of behavior that had criminal sexual conduct as its goal.

10     

Mandatory 30-year sentence. Requires the court to impose a 30-year sentence under certain circumstances if a person is a repeat sex offender. The person must have a previous sex offense conviction for first-, second-, or third-degree criminal sexual conduct and be subject to sentencing for a conviction of first- or second-degree criminal sexual conduct involving force or violence. Eliminates the current requirement that the court determine whether aggravating factors exist that would provide grounds for an upward departure.

11     

Minimum departure for sex offenders. Replaces language in current law requiring the court to impose a sentence that is a not less than double the presumptive sentence to provide that the sentence shall not be less than the high end of the new presumptive sentencing range (see section 1) if the person is convicted of first- or second-degree criminal sexual conduct involving force or violence. Also provides that the factfinder shall determine whether aggravating factors exist. Current law allows the court to determine whether aggravating factors exist.

12     

Increased sentences for dangerous offender who commits a third violent crime. Deletes language requiring certain findings before the court may impose an aggravated durational departure in situations where an offender commits a third violent crime.

13     

Increased sentence for offender who commits a sixth felony. Deletes language requiring the court to determine the present offense is a felony committed as part of a pattern of criminal conduct before the court may impose an aggravated durational departure on an offender who commits a sixth felony offense.

14     

Instruction to Sentencing Guidelines Commission.

Subd. 1. Presumptive, fixed sentence maintained. Requires the court to retain in each cell of the sentencing guidelines grid the presumptive, fixed sentence in place at the time of enactment of this legislation, except that the commission shall make changes to presumptive, fixed sentences consistent with 2005 legislation and/or timely modifications proposed by the sentencing guidelines commission.

Subd. 2. Expansion of presumptive sentencing range. Consistent with section 1, requires the guidelines commission to expand the sentencing range in each cell of the grid to 85 to 200 percent of the presumptive, fixed sentence.

Subd. 3. Additional modifications to sentencing guidelines. Directs the commission to amend the guidelines and comments to provide that a court may depart upward from the presumptive sentencing range when aggravating circumstances justify such a departure.

15     

Revisor's instruction.

Subd. 1. Headnote change. Instructs the Revisor to change the heading of section 609.108 from "Mandatory Increased Sentences for Certain Patterned and Predatory Sex Offenders; No Prior Conviction Required" to "Mandatory Increased Sentences for Certain Predatory Sex Offenders; No Prior Conviction Required."

Subd. 2. Repealer; reference to renumbering. Instructs the Revisor to include a reference next to the repealer of provisions in the bill that are being renumbered to inform the reader of the renumbering of those provisions.

16     

Repealer. Repeals section 244.10, subdivisions 2 a and 3, as explained in sections 7 and 8. Also repeals section 609.108, subdivision 4, relating to "danger to public safety." See section 3.